Fourth Amendment
Types of Searches
The Court went on to find that there are two kinds of searches employers can conduct that are considered reasonable and therefore do not require a warrant. The first is a non-investigatory work-related intrusion. An example of this is when, in the absence of an employee, an employer enters the employee\'s desk to retrieve a work-related file. In the same way, the employer can retrieve the work-related file from the employee’s computer hard drive with the assistance of the network administrator. The second kind of search is an investigatory search for evidence of suspected work-related employee malfeasance, such as inefficiency, incompetence, mismanagement or other work-related misfeasance.
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